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5-4-703. Additional fine — Offense committed against a child or in the presence of a child.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-703. Additional fine — Offense committed against a child or in the presence of a child.
(a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child:
(1) A felony involving violence as defined in § 5-4-501(d)(2);
(2) Manslaughter, § 5-10-104, or negligent homicide, § 5-10-105;
(3) False imprisonment in the first degree, § 5-11-103, or false imprisonment in the second degree, § 5-11-104;
(4) Battery in the second degree, § 5-13-202, or battery in the third degree, § 5-13-203;
(5) Aggravated assault, § 5-13-204, assault in the first degree, § 5-13-205, assault in the second degree, § 5-13-206, assault in the third degree, § 5-13-207, or coercion, § 5-13-208;
(6) Introduction of controlled substance into body of another person, § 5-13-210;
(7) Terroristic threatening, § 5-13-301, or terroristic act, § 5-13-310;
(8) Sexual indecency with a child, § 5-14-110, indecent exposure, § 5-14-112, sexual assault in the third degree, § 5-14-126, or sexual assault in the fourth degree, § 5-14-127;
(9) Trafficking of persons, § 5-18-103, or patronizing a victim of human trafficking, § 5-18-104;
(10) Domestic battering in the second degree, § 5-26-304, domestic battering in the third degree, § 5-26-305, aggravated assault on a family or household member, § 5-26-306, first degree assault on a family or household member, § 5-26-307, second degree assault on a family or household member, § 5-26-308, or third degree assault on a family or household member, § 5-26-309;
(11) Endangering the welfare of a minor in the first degree, § 5-27-205, endangering the welfare of a minor in th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-4-703
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 652a6bc6d6c509b05e22e32476d953015469c037b24f861b59a651f92592c5b6
Source location: content.xml paragraph 6805
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5-4-703. Additional fine — Offense committed against a child or in the presence of a child.
(a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child:
(1) A felony involving violence as defined in § 5-4-501(d)(2);
(2) Manslaughter, § 5-10-104, or negligent homicide, § 5-10-105;
(3) False imprisonment in the first degree, § 5-11-103, or false imprisonment in the second degree, § 5-11-104;
(4) Battery in the second degree, § 5-13-202, or battery in the third degree, § 5-13-203;
(5) Aggravated assault, § 5-13-204, assault in the first degree, § 5-13-205, assault in the second degree, § 5-13-206, assault in the third degree, § 5-13-207, or coercion, § 5-13-208;
(6) Introduction of controlled substance into body of another person, § 5-13-210;
(7) Terroristic threatening, § 5-13-301, or terroristic act, § 5-13-310;
(8) Sexual indecency with a child, § 5-14-110, indecent exposure, § 5-14-112, sexual assault in the third degree, § 5-14-126, or sexual assault in the fourth degree, § 5-14-127;
(9) Trafficking of persons, § 5-18-103, or patronizing a victim of human trafficking, § 5-18-104;
(10) Domestic battering in the second degree, § 5-26-304, domestic battering in the third degree, § 5-26-305, aggravated assault on a family or household member, § 5-26-306, first degree assault on a family or household member, § 5-26-307, second degree assault on a family or household member, § 5-26-308, or third degree assault on a family or household member, § 5-26-309;
(11) Endangering the welfare of a minor in the first degree, § 5-27-205, endangering the welfare of a minor in the second degree, § 5-27-206, or endangering the welfare of a minor in the third degree, § 5-27-207;
(12) Engaging in sexually explicit conduct for use in visual or print medium, § 5-27-303, pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304, transportation of minors for prohibited sexual conduct, § 5-27-305, internet stalking of a child, § 5-27-306, or sexually grooming a child, § 5-27-307;
(13) Employing or consenting to the use of a child in a sexual performance, § 5-27-402, or producing, directing, or promoting a sexual performance by a child, § 5-27-403;
(14) Distributing, possessing, or viewing of matter depicting sexually explicit conduct involving a child, § 5-27-602, computer child pornography, § 5-27-603, failure to report child pornography, § 5-27-604, or computer exploitation of a child, § 5-27-605;
(15) Fleeing, if under § 5-54-125(d);
(16) Aggravated cruelty to a dog, cat, or equine, § 5-62-104;
(17) A controlled substance offense in which an enhanced penalty under § 5-64-406 or § 5-64-407 is applied;
(18) Driving or boating while intoxicated, § 5-65-103; or
(19) Reckless driving, § 27-50-308.
(b)(1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund under § 19-5-1260.
(2) A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-104. Manslaughter.
(a) A person commits manslaughter if:
(1)(A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
(B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;
(2) The person purposely causes or aids another person to commit suicide;
(3) The person recklessly causes the death of another person; or
(4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony:
(i) The person or an accomplice negligently causes the death of any person; or
(ii) Another person who is resisting the felony or flight causes the death of any person.
(b) It is an affirmative defense to any prosecution under subdivision (a)(4) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury.
(c) Manslaughter is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-105. Negligent homicide.
(a)(1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated;
(B)(i) If at that time there is an alcohol concentration of eight hundredths (0.08) or more in the person's breath or blood based upon the definition of alcohol concentration in § 5-65-204, as determined by a chemical test of the person's blood, urine, breath, saliva, or other bodily substance.
(ii) The method of the chemical test of the person's blood, urine, saliva, breath, or other bodily substance shall be made in accordance with §§ 5-65-204 and 5-65-206;
(C) While passing a stopped school bus in violation of § 27-51-1004; or
(D) While fatigued.
(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class B felony.
(b)(1) A person commits negligent homicide if he or she negligently causes the death of another person.
(2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor.
(c) As used in this section:
(1) “Fatigued” means:
(A) Having been without sleep for a period of twenty-four (24) consecutive hours; or
(B) Having been without sleep for a period of twenty-four (24) consecutive hours and in the state of being asleep; and
(2) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator therefore constitutes a clear and substantial danger of physical i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-11-103. False imprisonment in the first degree.
(a) A person commits the offense of false imprisonment in the first degree if, without consent and without lawful authority, the person knowingly restrains another person so as to interfere substantially with the other person's liberty in a manner that exposes the other person to a substantial risk of serious physical injury.
(b) False imprisonment in the first degree is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-11-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-11-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-501. This identifies an authority to review, not proof of applicability.